SCOTUS Vacates Second Circuit Ruling in GOA Challenge to NY Carry Law
The United States Supreme Court vacated the Second Circuit Court of Appeals’ ruling in a challenge to New York’s mistakenly named “Concealed Carry Improvement Act,” which was brought by Gun Owners of America (GOA) and Gun Owners Foundation (GOF).
GOA and GOF filed a petition for certiorari in February of this year, after the Second Circuit Court failed to properly apply Supreme Court precedent established in New York State Rifle & Pistol Association v. Bruen and provide relief from the statute’s many unconstitutional provisions, including New York’s “good moral character” requirement to receive a concealed carry permit.
GOA quickly challenged the hastily passed statute, which was insubordinately passed by Governor Kathy Hochul and the General Assembly in Albany immediately following the Bruen decision in 2022.
Frustratingly, the new statute is more onerous and restrictive than the one held unconstitutional in the Bruen decision. GOA had previously secured a preliminary injunction in federal district court blocking several portions of the law, but it was largely undone by the Second Circuit.
The law’s provisions that were still in effect required applicants for a concealed carry license to:
- Prove one’s “good moral character”
- Have in-person interviews with law enforcement
- Provide four “character references”
- Undergo 18 hours of combined training – a tremendous increase from the existing 4-hour requirement
Erich Pratt, GOA’s Senior Vice President, issued the following statement:
“New York’s anti-gun politicians were quick to double down after the Bruen decision, but today they’ve been smacked down again. With the High Court making clear the Second Circuit got it wrong and by remanding the case back to the lower court, the High Court is forcing New York’s politicians to eat a huge plate of humble pie. We look forward to continuing the fight for New Yorkers’ right to carry – without government pre-requisites.”
GOA spokesmen are available for interviews. Gun Owners of America is a nonprofit grassroots lobbying organization dedicated to protecting the right to keep and bear arms without compromise. GOA represents over two million members and activists. For more information, visit GOA’s Press Center.